Md. Rizwan @ Palwa @ Md. Rizwan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5667 of 2020 Arising Out of PS. Case No.-115 Year-1996 Thana- BANMANKHI District- Purnia ====================================================== MD. RIZWAN @ PALWA @ MD. RIZWAN ALAM Son of Late Rizabul Haque Resident of Village - Birnagar, P.S.- Bhargama, District - Araria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 395 and 412 of the Indian Penal Code. Prosecution allegation, in short, is that the accused persons, variously armed, came to the house of the informant and looted his arms as also house hold articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.11.2019. Chargesheet/prosecution report has been submitted in this case. There

Patna High Court CR. MISC. No.5667 of 2020(3) dt.10-07-2020 2/2 is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of Sri V.C. Verma, J.M. 1st Class, Purnea in connection with Banmankhi P.S. Case No. 115 of 1996. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T